Source
(June 10, 1920, ch. 285, pt. II, § 201, as added Aug. 26, 1935, ch. 687, title II, § 213, 49 Stat. 847; amended Pub. L. 95–617, title II, § 204(b), Nov. 9, 1978, 92 Stat. 3140; Pub. L. 102–486, title VII, § 714, Oct. 24, 1992, 106 Stat. 2911; Pub. L. 109–58, title XII, §§ 1277(b)(1),
1291
(c),
1295
(a), Aug. 8, 2005, 119 Stat. 978, 985.)
References in Text
The Rural Electrification Act of 1936, referred to in subsec. (f), is act May 20, 1936, ch. 432,
49 Stat. 1363, as amended, which is classified generally to chapter 31 (§ 901 et seq.) of Title 7, Agriculture. For complete classification of this Act to the Code, see section
901 of Title
7 and Tables.
The Public Utility Holding Company Act of 2005, referred to in subsec. (g)(5), is subtitle F of title XII of
Pub. L. 109–58, Aug. 8, 2005,
119 Stat. 972, which is classified principally to part D (§ 16451 et seq.) of subchapter
XII of chapter
149 of Title
42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section
15801 of Title
42 and Tables.
Amendments
2005—Subsec. (b)(2).
Pub. L. 109–58, § 1295(a)(1), substituted “Notwithstanding subsection (f) of this section, the provisions of sections
824b
(a)(2),
824e
(e),
824i,
824j,
824j–1,
824k,
824o,
824p,
824q,
824r,
824s,
824t,
824u, and
824v of this title” for “The provisions of sections
824i,
824j, and
824k of this title” and “Compliance with any order or rule of the Commission under the provisions of section
824b
(a)(2),
824e
(e),
824i,
824j,
824j–1,
824k,
824o,
824p,
824q,
824r,
824s,
824t,
824u, or
824v of this title” for “Compliance with any order of the Commission under the provisions of section
824i or
824j of this title”.
Subsec. (e).
Pub. L. 109–58, § 1295(a)(2), substituted “section
824e
(e),
824e
(f),
824i,
824j,
824j–1,
824k,
824o,
824p,
824q,
824r,
824s,
824t,
824u, or
824v of this title” for “section
824i,
824j, or
824k of this title”.
Subsec. (f).
Pub. L. 109–58, § 1291(c), which directed amendment of subsec. (f) by substituting “political subdivision of a State, an electric cooperative that receives financing under the Rural Electrification Act of 1936 (
7 U.S.C.
901 et seq.) or that sells less than 4,000,000 megawatt hours of electricity per year,” for “political subdivision of a state,”, was executed by making the substitution for “political subdivision of a State,” to reflect the probable intent of Congress.
Subsec. (g)(5).
Pub. L. 109–58, § 1277(b)(1), substituted “2005” for “1935”.
1992—Subsec. (g).
Pub. L. 102–486 added subsec. (g).
1978—Subsec. (b).
Pub. L. 95–617, § 204(b)(1), designated existing provisions as par. (1), inserted “except as provided in paragraph (2)” after “in interstate commerce, but”, and added par. (2).
Subsec. (e).
Pub. L. 95–617, § 204(b)(2), inserted “(other than facilities subject to such jurisdiction solely by reason of section
824i,
824j, or
824k of this title)” after “under this subchapter”.
Effective Date of 2005 Amendment
Amendment by section 1277(b)(1) of
Pub. L. 109–58 effective 6 months after Aug. 8, 2005, with provisions relating to effect of compliance with certain regulations approved and made effective prior to such date, see section 1274 of
Pub. L. 109–58, set out as an Effective Date note under section
16451 of Title
42, The Public Health and Welfare.
State Authorities; Construction
Nothing in amendment by
Pub. L. 102–486 to be construed as affecting or intending to affect, or in any way to interfere with, authority of any State or local government relating to environmental protection or siting of facilities, see section 731 of
Pub. L. 102–486, set out as a note under section
796 of this title.
Prior Actions; Effect On Other Authorities
Section 214 of
Pub. L. 95–617 provided that:
“(a) Prior Actions.—No provision of this title [enacting sections
823a,
824i to
824k,
824a–1 to
824a–3 and
825q–1 of this title, amending sections
796,
824,
824a,
824d, and
825d of this title and enacting provisions set out as notes under sections
824a,
824d, and
825d of this title] or of any amendment made by this title shall apply to, or affect, any action taken by the Commission [Federal Energy Regulatory Commission] before the date of the enactment of this Act [Nov. 9, 1978].
“(b) Other Authorities.—No provision of this title [enacting sections
823a,
824i to
824k,
824a–1 to
824a–3 and
825q–1 of this title, amending sections
796,
824,
824a,
824d, and
825d of this title and enacting provisions set out as notes under sections
824a,
824d, and
825d of this title] or of any amendment made by this title shall limit, impair or otherwise affect any authority of the Commission or any other agency or instrumentality of the United States under any other provision of law except as specifically provided in this title.”